Section 89 Treaty state suppliersI1C1
United Kingdom
In this Act, a “treaty state supplier” means a supplier that is entitled to the benefits of an international agreement specified in Schedule 9.
But a supplier is a treaty state supplier only to the extent that it is entitled to the benefits of an international agreement specified in Schedule 9 in relation to the procurement being—
carried out, or
challenged.
An appropriate authority may by regulations amend Schedule 9 for the purpose of—
specifying an international agreement to which the United Kingdom is a signatory, or
removing, or amending a reference to, an international agreement.
In subsection (3)(a), the reference to being a signatory to an international agreement includes a reference to having—
exchanged instruments, where the exchange constitutes the agreement;
acceded to the agreement.
In this Part a reference to a supplier being entitled to the benefits of a treaty includes a reference to a supplier being entitled by virtue of the place of origin of goods, services or works supplied.
In this Act—
a reference to a treaty state supplier does not include a reference to a supplier that is entitled to the benefits of an international agreement only by reference to the United Kingdom being party to that agreement;
a reference to a state or territory being party to an agreement includes a reference to a state or territory being part of an organisation of states or territories that is party to an agreement.
Annotations
Modifications
- C1
S. 89 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))
Commencement
- I1
S. 89 not in force at Royal Assent, see s. 127(2)
- I2
S. 89(1)(3)(4) in force at 12.3.2024 by S.I. 2024/361, reg. 2(i)
- I3
S. 89(2)(5)(6) in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))